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(영문) 서울동부지방법원 2016.07.05 2015가단110653
손해배상(기)
Text

1. The defendant shall pay 340,218 won to the plaintiff corporation A and 15% per annum from June 1, 2016 to the day of complete payment.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, provided that there is no dispute between the parties, or that the entries in Gap evidence Nos. 1 to 8, and Eul evidence Nos. 1 to 5 (including each number):

Plaintiff

A Co., Ltd. entered into a contract with the Defendant (the total number of orders issued by Nonparty D) to sell the school uniforms with the trademark “E” and entered into an agreement with the Defendant on September 26, 2014 with the said agency contract.

B. On January 3, 2014, Plaintiff B created a pledge to Nonparty F Co., Ltd. upon the Defendant’s request in order to secure the obligation that may arise under the above agency contract.

C. After returning inventory goods to the Defendant, Plaintiff A claimed KRW 273,978,308 as the price for the goods. The Defendant paid KRW 273,978,308 to the Plaintiff by November 27, 2014.

On November 24, 2015, the defendant prepared a letter of confirmation that "I will terminate the pledge (gold billion won) provided by the plaintiff A to F to the KUF on December 8, 2014."

E. Since Plaintiff A completed the examination procedure for the accepted goods from the Defendant, the Plaintiff issued a tax invoice of KRW 162,00,000 on November 25, 2014 and issued a tax invoice of KRW 11,978,309 on November 27, 2014 upon receipt of a request for the issuance of a tax invoice.

F. On December 2015, the Defendant claimed that KRW 6,633,210 was paid by subrogation among the money of KRW 273,978,308 above 273,978,30, and that the Defendant would be paid KRW 1,960,700 of the signboard expense subsidies provided by the Defendant, and that documents for termination of the right of pledge against the Plaintiff B were not issued, and that the Seoul East Eastern District Court applied for a payment order of KRW 2014,9476 for the payment of the excessive settlement payments and the signboard expense subsidies.

G. On July 16, 2015, the Plaintiff raised an objection against the above payment order, and in this case, the above court’s claim against the Defendant on July 16, 2015.

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